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1. The Defendant’s disposition of departure order issued against the Plaintiff on September 4, 2014 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. On March 19, 1996, the Plaintiff, a foreigner of the People's Republic of China, entered the country with a passport in the name of "A" (hereinafter "first passport"), and stayed even after the expiration of the period of stay, and left the country on April 30, 1998.
B. On December 4, 200, the Plaintiff obtained a short-term stay status (C-2) with a passport in the name of “B” (hereinafter “second passport”) and re-entered into the Republic of Korea on November 27, 2003, while staying there even after the expiration of the period of stay, and was subject to a change of non-professional employment (E-9) status on April 11, 2006, but stayed even after the expiration of the period of stay, and left the Republic of Korea on April 12, 2006 upon receipt of a deportation order on the ground that the head of the Seoul Immigration Office did not depart from the Republic of Korea even after the expiration of the period of stay.
C. On October 13, 2007, the Plaintiff entered the Republic of Korea with the passport issued on October 13, 2007 by obtaining the status of stay for visiting employment (H-2), and changed the status of stay for permanent residence (F-5) on May 15, 2013.
On August 18, 2014, the Plaintiff lost his/her foreigner registration certificate and applied for the reissuance of his/her foreigner registration certificate. In the process, the Defendant issued a departure order ordering the Plaintiff to leave the Republic of Korea no later than October 4, 2014 pursuant to Articles 7(1), 7-2 subparag. 2, 11(1)3 and 4, and 68(1) of the Immigration Control Act on the ground that the Plaintiff discovered that his/her past personal information had entered the Republic of Korea using another passport and expressed the Plaintiff’s intention to voluntarily leave the Republic of Korea on September 4, 2014.
(hereinafter “instant disposition”) e.
On September 29, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 24, 2015.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 through 6, 9, 12 evidence (including paper numbers) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion (1) procedural defect.